Update: On August 10, 2011, the Fourth District released its opinion in Snipes v. Telli (4D10-4687) that reversed the trial court's opinion discussed below. The Fourth District held: For these reasons, we decline to extend the holding in Cook to apply to members of a county’s governing body under article VIII, section 1(e), Florida Constitution, a n d hold that the voters may amend a county’s charter, if they choose, to impose term limits on county commissioners. We choose not to certify a question to the Florida Supreme Court. If we have incorrectly delineated the scope of Cook, our failure to apply it here would be in conflict with that opinion, so that the Supreme Court could take discretionary jurisdiction of this case. See Fla. R. A p p . P. 9.030(a)(2)(iii),(iv)."
The original post is below:
On election day, Broward County Circuit Judge Carol-Lisa Phillips entered an order finding the three term limit for Broward County commissioners unconstitutional. Judge Phillips relied upon the Florida Supreme Court's decision in Cook v. City of Jacksonville and DeBlaker v. Eight is Enough in Pinellas, 823 So. 2d 86 (Fla. 2002) as controlling authority. In Cook, the Florida Supreme Court stated:
The original post is below:
On election day, Broward County Circuit Judge Carol-Lisa Phillips entered an order finding the three term limit for Broward County commissioners unconstitutional. Judge Phillips relied upon the Florida Supreme Court's decision in Cook v. City of Jacksonville and DeBlaker v. Eight is Enough in Pinellas, 823 So. 2d 86 (Fla. 2002) as controlling authority. In Cook, the Florida Supreme Court stated:
We hold that a term limit provision is a disqualification from election to office and that article VI, section 4(a), Florida Constitution, provides the exclusive roster of those disqualifications which may be permissibly imposed. We also hold that article VI, section 4(b), Florida Constitution, provides those positions authorized by the constitution upon which a term limit provision may be permissibly imposed.According to THIS Sun Sentinel article, there are six other Florida counties with term limits for commissioners: Palm Beach, Orange, Hillsborough, Volusia, Brevard and Clay.
There have been a number of articles on the Broward term limit decision which are linked below:
- Miami Herald: "Broward Judge Strikes Down Term Limits for County Commission"
- Sun Sentinel: "Broward County Term Limits Ruled Unconstitutional"; "Judge Throws Out Broward Commission Term Limits"
- New Times: "Judge Strikes Down Voter Backed Term Limits"
Judge Phillips order is below:
Telli v Snipes, 10-7095, Term Limit Order Prior to the ruling, there were articles relating to the lawsuit which are linked below:
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